HSB 713 (LSB 6696YC (3) 91)

HOUSE FILE _____ 

BY  (PROPOSED COMMITTEE ON NATURAL RESOURCES BILL BY CHAIRPERSON WOOD)

A BILL FOR

An Act relating to the use and withdrawal of Iowa’s surface and groundwater resources, including permitting requirements.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF IOWA:

    Section 1.  Section 455B.172, subsection 7, paragraph a, subparagraph (2), Code 2026, is amended to read as follows:
   (2)  Those used for the withdrawal of water for which a permit is required pursuant to section 455B.268, subsection 1 455B.264, subsection 2.
    Sec. 2.  Section 455B.261, subsection 4, Code 2026, is amended to read as follows:
   4.  “Beneficial use” means the application of water to a lawful and useful purpose that inures to the benefit of the water user and subject to the user’s dominion and control but does not include the waste or pollution of water, in such reasonable quantities as are necessary for the economical and efficient utilization of that water, consistent with the public interest of the state. Beneficial uses shall include but are not limited to purposes related to or involving domestic, municipal, agricultural, industrial, fish and wildlife, or recreational activities.
    Sec. 3.  Section 455B.261, subsection 16, Code 2026, is amended by striking the subsection.
    Sec. 4.  Section 455B.262, Code 2026, is amended to read as follows:
   455B.262  Declaration of policy and planning requirements.
   1.  It is recognized that the protection of life and property from floods, the prevention of damage to lands from floods, and the orderly development, wise use, protection, and conservation of the water resources of the state by their considered and proper use is of paramount importance to the welfare and prosperity of the people of the state, and to realize these objectives, it is the policy of the state to correlate and vest the powers of the state in a single agency, the department, with the duty and authority to assess the water needs of all water users at five-year intervals for the twenty years beginning January 1, 1985, and ending December 31, 2004, utilizing a database developed and managed by the Iowa geological survey, and to prepare a general plan of water allocation in this state considering the quantity and quality of water resources available in this state designed to meet the specific needs of the water users. The department shall also develop and the department shall adopt no later than June 30, 1986, a plan for delineation of floodplain and floodway boundaries for selected stream reaches in the various river basins of the state. Selection of the stream reaches and assignment of priorities for mapping of the selected reaches shall be based on consideration of flooding characteristics, the type and extent of existing and anticipated floodplain development in particular stream reaches, and the needs of local governmental bodies for assistance in delineating floodplain and floodway boundaries. The plan of floodplain mapping shall be for the period from June 30, 1986, to December 31, 2004. After the department adopts a plan of floodplain mapping, the department shall submit a progress report and proposed implementation schedule to the general assembly biennially. The department may modify the floodplain mapping plan as needed in response to changing circumstances.
   2.  The general welfare of the people of the state requires that the water resources of the state be put to beneficial use which includes ensuring that the waste or unreasonable use, or unreasonable methods of use of water be prevented, and that the conservation and protection of water resources be required with the view to their reasonable and beneficial use in the interest of the people, and that the public and private funds for the promotion and expansion of the beneficial use of water resources be invested to the end that the best interests and welfare of the people are served.
   3.  2.  Water occurring in a basin or watercourse, or other body of water of the state, is public water and public wealth of the people of the state and subject to use in accordance with this chapter, and the control and development and use of water for all beneficial purposes is vested in the state, which shall take measures to ensure the conservation and protection of the water resources of the state. These measures shall include the protection of specific surface and groundwater sources as necessary to ensure long-term availability in terms of quantity and quality to preserve the public health and welfare of the state’s water resources.
    Sec. 5.  Section 455B.264, subsection 2, Code 2026, is amended to read as follows:
   2.  a.  Except for a nonregulated use, a person withdrawing water from any surface or groundwater source, or a person who diverts water or any material from the surface directly into an underground watercourse or basin, must first apply for and obtain a permit from the department. Except for nonregulated uses, it is unlawful to withdraw water from any surface or groundwater source, or to take treated water from a permitted aquifer storage and recovery site, except in compliance with this section. However, existing permitted uses may be continued during the department’s review period when applicants apply for a permit renewal.
   b.  Upon application by any person for permission to divert, pump, or otherwise take waters withdraw water from any watercourse, underground basin or watercourse, drainage ditch, or settling basin surface or groundwater source within this state for any purpose other than a nonregulated use, the director shall investigate the effect of the use upon the natural flow of the watercourse, the effect of the use upon the owners of any land which that might be affected by the use, the effect of the use upon prior users of the water source and contracts made under section 455B.263, and whether the use is consistent with the principles and policies of a beneficial use.  If the director determines that the withdrawal or proposed use will have an adverse impact on a surface or groundwater source, the natural flow of the watercourse, or the owners of any land that might be affected by the use, then appropriate conditions shall be included in the permit to mitigate the adverse impact. If permit conditions cannot mitigate the adverse impact, the department may deny the application.
   c.  A permit shall not be issued if any of the following apply:
   (1)  The use proposed on the application is not a beneficial use.
   (2)  The established average minimum water flow in the watercourse is not preserved.
   (3)  The proposed use will impair the navigability of any navigable watercourse.
   (4)  The proposed use will threaten the long-term availability of water in any surface or groundwater source.
    Sec. 6.  Section 455B.265, subsection 1, Code 2026, is amended to read as follows:
   1.  a.  In its consideration of applications for permits, the department shall give priority in processing to persons in the order that the applications are received, except where when the application of this processing priority system prevents the prompt approval of routine applications or where when the public health, safety, or welfare will be threatened by delay. If the department determines after investigation that the diversion, storage, or withdrawal is consistent with the principles and policies of beneficial use and ensuring conservation complies with section 455B.254, subsection 2, the department shall grant a permit.
   b.  An application for a permit shall be approved or denied within ninety days from the date that the department receives the complete application. A renewal permit shall be approved or denied by the department within thirty days from the date that the department receives a complete application for renewal. If the applicant requests an extension of the time allotted, the department may approve the request to allow the applicant more time to submit additional information to resolve a contested or complex application. Regardless of the request in the application, and subject to appeal, the director or the department may determine the duration and frequency of withdrawal and the quantity of water to be diverted, stored, or withdrawn pursuant to the permit. Each permit granted after July 1, 1986, shall include conditions requiring routine conservation practices, and requiring implementation of emergency conservation measures after notification by the department.
    Sec. 7.  Section 455B.265, subsection 2, Code 2026, is amended by striking the subsection.
    Sec. 8.  Section 455B.265, subsection 6, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   The department may charge a fee to a person who has been granted a permit pursuant to this section or is required to have a permit pursuant to section 455B.268 455B.264, subsection 2. The commission shall adopt by rule the fee amounts.
    Sec. 9.  Section 460.302, subsection 8, unnumbered paragraph 1, Code 2026, is amended to read as follows:
   Notwithstanding the prohibitions of section 455B.267, subsection 4 455B.264, subsection 2, an owner of an agricultural drainage well may make emergency repairs necessitated by damage to the drainage well to minimize surface runoff into the agricultural drainage well, upon the approval of the county board of supervisors or the board’s designee of the county in which the agricultural drainage well is located. The approval shall be based upon the following conditions:
    Sec. 10.  REPEAL.  Sections 455B.267, 455B.268, and 455B.269, Code 2026, are repealed.
EXPLANATION
The inclusion of this explanation does not constitute agreement with
the explanation’s substance by the members of the general assembly.
   This bill relates to the use and withdrawal of Iowa’s surface and groundwater resources, including permitting requirements. 
   The bill amends the definition of “beneficial use” to mean the application of water to a lawful and useful purpose in reasonable quantities necessary for economical and efficient utilization, consistent with the public interest.
   The bill strikes the definition of “waste” for purposes of Code chapter 455B, subchapter III, part 4.
   The bill enhances the readability of the declaration of policy and planning requirements, by removing certain planning language, time-limited requirements, and declarations. Under current law, the department of natural resources (department) is required to submit a progress report and proposed implementation schedule of the floodplain mapping plan every two years to the general assembly, and is authorized to modify the floodplain mapping plan as needed. The bill removes the provision requiring submission and authorizing modification related to the floodplain mapping plan.
   Under current law, the department is directed to take measures to protect water resources to ensure long-term availability in terms of quantity and quality to preserve public health and welfare. The bill amends the language to ensure long-term availability of the state’s water resources.
   The bill requires any person withdrawing water from surface or groundwater sources or diverting water into underground watercourses or basins to first be issued a permit, except for nonregulated uses. The bill allows for existing permitted uses during the department’s review period.
   The bill prohibits the director from approving a permit application if the director determines that the withdrawal or proposed use will adversely impact water sources, natural flows, or landowners, if permit conditions cannot mitigate the adverse effects. The bill requires denial of a permit when the proposed use is not a beneficial use, would fail to preserve established average minimum water flows, would impair navigability, or would threaten the long-term availability of water in any surface or groundwater source.
   The bill makes changes to align with the amended provisions in the bill, including repealing certain Code sections relating to water permitting and administration.